Electronic marketing and the new anti-spam regulations

Spamming is a global problem which affects almost everyone who uses e-mail, text messages or other means of electronic communication. Estimates suggest that the quantity of junk e-mail has increased by as much as 300 per cent since 1999, and that spam now accounts for over half of all e-mail traffic. In the face of this global problem, the European Commission recently adopted a revised Directive dealing with unsolicited electronic communications. This has now been implemented by legislation in a number of EU member states, including the UK. Unfortunately, the new laws may do little to prevent spam as the vast majority of it originates in Asia and the USA. Nevertheless, it is important for UK and European businesses to acquaint themselves with the new rules and to seek to ensure that their marketing practices are compliant, so as to distinguish themselves from the spammers. This paper sets out the new legal requirements which relate to electronic communications in general terms and makes practical suggestions on how to comply. It also briefly considers the new rules from a global perspective.